The Court allowed the appeal of an Insurer from a ruling that the Insurer was required to provide a defence and indemnity to a claim of wrongful dismissal based on intentional racial and age discrimination. The Appeal Court applied the general principle of insurance law that only fortuitous or contingent losses are covered by a liability policy. The Court rejected the Insurer’s submissions that intentional discrimination was a wilful violation of a penal statute, or that it was outside the claims for “personal injury” that were covered by the policy.
13. February 2004 0
Liberty Mutual Insurance Co. v. Hollinger Inc.,  O.J. No. 481, Ontario Court of Appeal